Overview

Title

To address the forest health crisis on the National Forest System and public lands, and for other purposes.

ELI5 AI

S. 2867 is like a plan to make forests healthier and stop big fires; it talks about cutting trees safely to prevent fires, helping animals, and even fixes where firefighters live, but it doesn't say exactly where the money will come from, which could be a problem.

Summary AI

S. 2867, also known as the "Promoting Effective Forest Management Act of 2023," aims to tackle the forest health crisis on the National Forest System and public lands. The bill includes measures to increase forest thinning and wildfire prevention, improve wildlife habitats, and manage old growth and mature forests. It also proposes workforce-related changes such as enhancing training for loggers and addressing firefighter housing issues. Finally, the bill promotes cultural change within relevant agencies to streamline environmental reviews and enhance the deployment of wildfire technology.

Published

2024-11-21
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-11-21
Package ID: BILLS-118s2867rs

Bill Statistics

Size

Sections:
36
Words:
12,951
Pages:
64
Sentences:
248

Language

Nouns: 3,893
Verbs: 917
Adjectives: 594
Adverbs: 130
Numbers: 692
Entities: 727

Complexity

Average Token Length:
4.28
Average Sentence Length:
52.22
Token Entropy:
5.57
Readability (ARI):
28.21

AnalysisAI

The proposed legislation, named the "Promoting Effective Forest Management Act of 2024," is aimed at addressing the widespread forest health crisis on National Forest System and public lands. The bill outlines various strategies and initiatives to improve forest management processes, emphasizing goals for forest thinning, wildlife habitat enhancement, carbon accounting, and workforce development, among other objectives. Additionally, the bill seeks to foster cultural changes within federal agencies involved in forest management, ensuring more effective and streamlined operations.

General Summary of the Bill

The bill is divided into multiple titles, each focusing on different aspects of forest management. It sets ambitious targets for thinning forests to reduce the risk of wildfires and improve forest health. It also mandates regular reporting and transparency in wildfire risk mitigation activities. The legislation introduces frameworks for evaluating the carbon balance of forests and necessitates improvements in wildlife habitats. Moreover, it outlines training and resource provisions for individuals in the logging workforce and federal wildland firefighters. Lastly, it calls for a strategic reduction in employee relocations within federal agencies, aiming to enhance operational stability and efficiency.

Summary of Significant Issues

One of the main issues with this bill is the complexity and reliance on multiple external legal documents for definitions and processes. The reliance can lead to confusion among individuals who are not well-versed in legal terminologies or previous legislations. Moreover, the aggressive targets set for forest thinning may be impractical, risking resource misallocation without adequately considering environmental impacts.

There is also concern about budget and funding clarity, particularly for pilot programs aimed at assessing restoration techniques and utilizing grazing for wildfire mitigation. This lack of financial specificity might hinder effective implementation. The complex legal language used in the section regarding firefighter retirement benefits could lead to misinterpretation and confusion among eligible individuals. Furthermore, the bill's repeal of FLAME reports lacks context and reasoning, possibly affecting transparency in wildfire funding.

Impact on the Public and Stakeholders

For the broad public, the bill represents a concerted effort to manage and mitigate the risks to national forests, which are vital resources for both environmental health and recreation. By increasing transparency and accountability of federal forest management practices, the bill could foster public trust and awareness regarding forest conservation efforts.

Specific stakeholders might experience varied impacts. Logging industry professionals might benefit from the workforce training and modernized equipment provisions, potentially leading to safer and more efficient operations. Nevertheless, the wide discretion allowed in training program development could lead to inconsistencies across states. The bill may also positively impact communities relying on National Forest lands by promoting healthier ecosystems and reducing wildfire risks.

Conversely, the environmental impact due to aggressive thinning targets and potential bypassing of detailed environmental reviews poses risks. Local governments and tribal authorities are empowered to intervene in projects on federal lands, which could help ensure that local concerns and interests are adequately represented in major land management decisions. However, without clear criteria for interventions, there could be a risk of inconsistent or biased applications of the law.

Overall, while the bill aims to address pressing issues in forest management proactively, clarity, funding transparency, and stakeholder engagement are critical aspects needing careful consideration to ensure its success and positive impact.

Financial Assessment

The bill known as the "Promoting Effective Forest Management Act of 2023" primarily focuses on addressing the forest health crisis on the National Forest System and public lands. While the bill includes several financial references, these are not extensively detailed nor tied to specific budget allocations, which is a potential concern for clear financial planning and implementation.

Financial Allocations and Spending

Relocation Expense Cap

Section 402 of the bill specifies a limit on relocation payments. It states that the Secretary shall not reimburse an employee or pay for expenses relating to a change in duty station exceeding $100,000. This financial restriction aims to control spending associated with employee relocations, encouraging fiscal responsibility within the management of forest services.

Logging Operations

Section 301 discusses the provision of low-interest loans or loan guarantees for acquiring mechanized machinery with the aim of reducing injuries within the logging workforce. While it mentions utilizing funds from section 40804(b)(3) of the Infrastructure Investment and Jobs Act, it does not specify exact amounts or the total budget earmarked. This lack of specificity could lead to concerns about the amount of funds allocated and their management, aligning with issue points regarding excessive spending without set standards.

Timber Sales

Section 202 addresses timber sales on National Forest System land, amending the National Forest Management Act of 1976 to raise the threshold for sales from $10,000 to $55,000. This adjustment reflects the need to modernize financial thresholds in response to current market conditions, potentially increasing revenue from timber sales.

Related Issues

The absence of specific budget allocations or funding sources for initiatives such as the pilot programs in Sections 203 (Assessment of processed-based restoration techniques) and 205 (Utilizing grazing for wildfire prevention) raises concerns about financial ambiguity and inefficient spending. Given the lack of clear financial directives, these programs could suffer from inadequate funding or misallocation of resources, leading to failed or incomplete initiatives that do not meet legislative goals.

Additionally, Section 301's provisions for the logging workforce, including training and loans, lack specific criteria or standards. This could result in inconsistent implementation or excessive spending without clear outcomes, risking inefficiency and financial waste.

Lastly, the repeal of FLAME reports in Section 403 eliminates a potentially valuable source of information on wildfire-related funding and expenditures. This could impair transparency and accountability, making it difficult to track how funds are applied in addressing wildfire risks, which is a crucial component of effective resource management.

Overall, these financial references and their relation to identified issues highlight the importance of providing clear, detailed financial plans and allocations to ensure effective legislative outcomes and responsible spending.

Issues

  • The definition of 'National Forest System' and 'public lands' in Section 2 relies heavily on external legal documents, potentially leading to confusion for those without legal knowledge, as mentioned in the 'Definitions' issue.

  • The requirement in Section 101 for annual mechanical thinning targets on National Forest System land to increase exponentially by 2028 could be unrealistic and result in resource misallocation or environmental harm, as noted in 'Thinning targets'.

  • The absence of specific budget allocations or funding sources for pilot programs in Sections 203 (Assessment of processed-based restoration techniques) and 205 (Utilizing grazing for wildfire prevention) could lead to financial ambiguity and inefficient spending.

  • The absence of a clear methodology in Section 104 for determining the net forest carbon balance may lead to variations in results and raise concerns about transparency, as highlighted in 'Regional forest carbon accounting'.

  • Section 302's use of complex legal language for firefighter retirement benefits might be difficult to understand for laypersons, leading to confusion about entitlements and processes, as mentioned in 'Continuing accrual of service for firefighters'.

  • Section 401 does not specify criteria for selecting which streamlined authority to use for environmental reviews, potentially leading to arbitrary or inconsistent application, as highlighted in 'Mandatory use of existing authorities'.

  • The repeal of FLAME reports outlined in Section 403 lacks context or rationale, potentially impacting transparency and accountability in wildfire funding, as mentioned in both 'Repeal of FLAME reports'.

  • Section 205's lack of clear criteria for 'targeted grazing' and increased grazing permits could lead to inconsistent implementation and ineffective wildfire risk reduction, as mentioned in 'Utilizing grazing for wildfire prevention'.

  • Section 301's provisions for logging workforce training and loans for mechanized machinery lack specific criteria or standards, potentially leading to inconsistent implementation and excessive spending, as noted in 'Logging workforce'.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Promoting Effective Forest Management Act of 2023 introduces a framework with sections addressing various aspects of forest management, including setting specific goals for thinning, improving wildfire reporting, and enhancing wildlife habitat. It also focuses on creating a resilient workforce, managing forest resources effectively, and implementing cultural changes within agencies overseeing forest management.

2. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, including the “National Forest System,” which generally includes areas defined by previous legislation, except certain forest reserves and national grasslands. It also clarifies the term “public lands” and outlines exceptions to this definition, and defines the role of the “Secretary concerned,” specifying responsibilities related to managing different types of land.

101. Thinning targets Read Opens in new tab

Summary AI

The bill section outlines that each year starting in 2024, the Secretary responsible must set annual targets for thinning forests. These targets involve both commercial and pre-commercial thinning and should ensure that more land is thinned mechanically over time. Additionally, the goals increase significantly in specific future years and must be assigned by region or state and made available to the public online.

102. Annual reports Read Opens in new tab

Summary AI

The Secretary of the Forest Service and the Bureau of Land Management must annually publish reports by January 1, starting in 2024, detailing several activities regarding the National Forest System or public lands. This includes the number of acres treated or thinned mechanically, challenges faced, regeneration harvests, areas at risk due to insects, disease, or wildfire, use of streamlined environmental review methods, and collaboration with partners under various agreements.

103. Transparency in fire mitigation reporting Read Opens in new tab

Summary AI

The section outlines rules for reporting fire mitigation activities. It states that the Secretary of a department should not include certain repeated hazardous fuels treatments in budget requests or performance reports, but should report the total number of acres that meet specific fire safety requirements and where treatment effectively reduces wildfire risk.

104. Regional forest carbon accounting Read Opens in new tab

Summary AI

The Secretary of Agriculture, via the Chief of the Forest Service, must assess and report every three years starting January 1, 2025, on whether the national forests are emitting more carbon than they absorb or vice versa, using forest inventory data, and publish these findings on the Forest Service's website.

105. Targets for wildlife habitat improvement Read Opens in new tab

Summary AI

The section requires the Secretary in charge to evaluate and improve wildlife habitats on federal lands within 18 months. Beginning in 2025, this includes setting yearly goals and reporting progress to designated congressional committees.

201. Land and resource management plans Read Opens in new tab

Summary AI

The section requires the Comptroller General to submit a report within 180 days to certain Senate and House committees. The report should estimate how long it would take for the Forest Service to update its land and resource management plans so they are compliant with a specific law, using faster timelines similar to those of the National Park System's plans.

202. Management of old growth and mature forests Read Opens in new tab

Summary AI

The section outlines how old growth and mature forests are defined and managed. It requires the Secretary to follow existing definitions for old growth forests, but allows updates based on scientific advice. Mature forests are defined based on their growth for timber purposes, and the section specifies that only regeneration harvests can be conducted in these areas. It also ensures that the management duties of the Secretary remain unchanged by new forest inventories.

203. Assessment of processed-based restoration techniques Read Opens in new tab

Summary AI

The text describes a pilot program led by the Secretaries of the Interior and Agriculture to research and evaluate wetland and riparian restoration techniques, focusing on their benefits for infrastructure, water storage, and resilience to natural hazards. Additionally, the Secretary of Agriculture is directed to initiate a separate pilot project on experimental forests to study biologically driven restoration methods.

204. Intervenor status Read Opens in new tab

Summary AI

In this section, a local government has the right to join a lawsuit about a specific type of project on national or public lands, especially if it is about reducing the risk of wildfire or generating revenue from timber. If they join the lawsuit, they are treated as a full participant in any settlement talks.

205. Utilizing grazing for wildfire prevention Read Opens in new tab

Summary AI

The bill section requires officials to work with ranchers to create a plan that uses livestock grazing to help prevent wildfires. This includes reviewing environmental impacts, using grazing to reduce fire risks, issuing temporary permits to control grass and weeds, and using grazing for recovery after fires.

301. Logging workforce Read Opens in new tab

Summary AI

The section discusses initiatives by the Secretary of Agriculture, together with the Forest Service, to develop training programs for the logging workforce, including apprenticeships. It also outlines plans to offer low-interest loans for modern machinery to improve safety for loggers.

302. Break-in-service consideration for firefighter retirements Read Opens in new tab

Summary AI

The regulation mandates that, by May 1, 2024, guidelines are created to ensure federal wildland firefighters do not lose their retirement benefits if they take a voluntary break from service of up to nine months.

303. Firefighter rental housing Read Opens in new tab

Summary AI

The section states that if a federal wildland firefighter is required to live in government housing, the amount deducted from their salary for rent cannot exceed 40% of their pre-tax income.

401. Mandatory use of existing authorities Read Opens in new tab

Summary AI

The section mandates that within three years of the law's enactment, for each public land and National Forest System unit with specified land, the responsible Secretary must use at least one of several streamlined authorities to conduct environmental reviews, referring to sections from the Healthy Forests Restoration Act and Infrastructure Investment and Jobs Act.

402. Curtailing employee relocations Read Opens in new tab

Summary AI

The Secretary of Agriculture must reduce how often Forest Service employees are relocated to keep them at their duty station longer, and must also allow more people, not just current Forest Service employees, to apply for line officer positions. Additionally, the Secretary cannot pay more than $100,000 for an employee's moving expenses, and must create programs to help employees develop skills without needing to move.

Money References

  • (c) Limits on relocation payments.—The Secretary shall not reimburse an employee or otherwise pay for expenses relating to a change in duty station in an amount that exceeds $100,000.

403. Repeal of FLAME reports Read Opens in new tab

Summary AI

The section of the bill repeals a specific reporting requirement by removing subsection (h) from Section 502 of the FLAME Act of 2009 and renumbering what was previously subsection (i) to become the new subsection (h).

1. Short title; table of contents Read Opens in new tab

Summary AI

The first section of the "Promoting Effective Forest Management Act of 2024" provides the short title of the Act and outlines its table of contents. The contents consist of four titles addressing various aspects of forest management, including treatment and reporting procedures, forest management techniques, workforce management, and agency cultural changes.

2. Definitions Read Opens in new tab

Summary AI

The section outlines definitions for key terms used in the Act, such as Federal land, which covers lands in the National Forest System and certain public lands overseen by the Bureau of Land Management. It also defines terms like hazardous fuels reduction activity and wildland-urban interface, specifying what each term includes and excludes, as well as what is meant by National Forest System and Secretary concerned.

101. Accelerating treatments on Federal land Read Opens in new tab

Summary AI

The section mandates that the Secretary of the Department involved must set goals for reducing fuels and improving forest health on Federal lands by mechanically thinning trees and using controlled burns. These goals must be met annually from 2025 onward, gradually increasing over time, and must be made publicly accessible online. The activities specified in the section are exempt from certain environmental review requirements.

102. Annual reports Read Opens in new tab

Summary AI

The section outlines that by September 30, 2025, and every year after, the Secretary in charge must publish reports online detailing the number of treated acres of federal land, using various methods like mechanical thinning and prescribed fires, in the past year. It also requires information on challenges faced, the use of streamlined environmental review authorities, and the involvement of partners in land management efforts, with specifics about areas at high risk due to insect infestation or wildfire potential.

103. Transparency in hazardous fuels reduction activity reporting Read Opens in new tab

Summary AI

The section requires that the Secretary provides a detailed report each year about the hazardous fuels reduction activities conducted on Federal land, which includes information like the number of acres affected, costs, and effectiveness in reducing wildfire risk. It also mandates standardized procedures for collecting and verifying data to ensure accuracy and requires sharing this information publicly and with Congress.

104. Regional forest carbon accounting Read Opens in new tab

Summary AI

The Secretary of Agriculture must, by September 30, 2025, and every three years after that, assess the net carbon balance of lands in the National Forest System to determine if they are a carbon source or sink, using data from the forest inventory program, and then publish this information on the Forest Service's website.

105. Wildland fire performance metrics Read Opens in new tab

Summary AI

The bill requires the Secretary responsible to report to certain Congressional committees within 18 months about methods to evaluate and improve wildfire risk reduction on Federal lands. The report should include ways to measure the success of fire prevention activities, track localized results, standardize monitoring measures nationwide, and address challenges in modeling and technology for wildfire risk mapping.

201. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way Read Opens in new tab

Summary AI

The section amends the Federal Land Policy and Management Act to allow for better management of trees near electric power lines and updates rules for permits to cut vegetation near these lines on federal lands. It increases the distance for managing hazard trees to 50 feet, corrects a spelling error, and establishes conditions under which forest or land managers can permit utility companies to remove vegetation without a timber sale.

202. Timber sales on National Forest System land Read Opens in new tab

Summary AI

The section amends the National Forest Management Act to increase the dollar amount threshold for certain timber sales on National Forest System land from $10,000 to $55,000.

Money References

  • Section 14(d) of the National Forest Management Act of 1976 (16 U.S.C. 472a(d)) is amended, in the first sentence, by striking “$10,000” and inserting “$55,000”. ---

203. Categorical exclusion for high-priority hazard trees Read Opens in new tab

Summary AI

The section defines "high-priority hazard trees" as trees that pose a danger to people or federal property due to their condition and location near certain roads or trails, and outlines activities to manage these trees, excluding areas like wilderness zones. It requires the Secretary of Agriculture to create a special rule to allow these hazard management activities without complex environmental reviews, but such projects must not be larger than 3,000 acres.

204. Intervenor status Read Opens in new tab

Summary AI

In this section, it is outlined that local government units and Indian Tribes have the right to intervene in legal actions related to certain projects on federal land, which must be near or have a notable connection to their jurisdiction. These projects need approval from the Secretary and must either reduce wildfire, insect, or disease risks, or generate revenue through timber harvesting.

205. Utilizing grazing for wildfire risk reduction Read Opens in new tab

Summary AI

The section requires the Secretary to create a strategy using livestock grazing to help reduce the risk of wildfires on federal land. This strategy should consider increasing the use of grazing permits, employing targeted grazing to remove hazardous fuels, using new technologies, and allowing temporary grazing on vacant lands during emergencies, without changing existing grazing programs.

301. Direct hire authority Read Opens in new tab

Summary AI

The section allows the Secretary to hire Job Corps graduates for jobs starting in 2025 and in following years, without needing to follow the usual federal hiring rules, as long as the graduates meet the necessary qualifications.

302. Continuing accrual of service for firefighters Read Opens in new tab

Summary AI

The text outlines changes to how firefighters working for the federal government can earn retirement benefits. It updates the definition of "firefighter" to include certain supervisory roles and allows some past service to count towards retirement if specific conditions are met, such as making necessary contributions and fulfilling certain employment criteria.

303. Affordable housing for Federal wildland firefighters Read Opens in new tab

Summary AI

This section aims to improve the affordability of housing for federal wildland firefighters by updating rental regulations for government-managed housing, requiring repair and rental rate adjustments for inadequate housing conditions, and planning to reduce rental costs for expensive firefighter housing. It also mandates studies and reports to assess rental rate accuracy and the impact of remote housing locations, with the possibility of reducing rates based on the findings.

401. Mandatory use of existing authorities Read Opens in new tab

Summary AI

The section requires that, within three years after the law is enacted, the responsible Secretary must use at least one of several specified legal options to streamline the environmental review process for certain federal lands. These options are laid out in various existing acts and sections mentioned in the text.

402. Public-private wildfire technology deployment and testbed partnership Read Opens in new tab

Summary AI

The section establishes a Pilot Program that encourages a partnership between public and private sectors to deploy and test innovative technologies for wildfire prevention and response. The program prioritizes emerging technologies, requires coordination with federal agencies, and involves annual reports to Congress until it ends in seven years.

403. Repeal of FLAME reports Read Opens in new tab

Summary AI

The section of the bill repeals a specific reporting requirement by removing subsection (h) from Section 502 of the FLAME Act of 2009 and renumbering what was previously subsection (i) to become the new subsection (h).